U.C. Berkeley School of Law Dean Erwin Chemerinsky approached Reinhardt just months before the 2014 midterm elections and suggested he retire, The New York Times reported Saturday.
Reinhardt refused the overtures. Months later, Republicans assumed control of the Senate, effectively ending former President Barack Obama’s judicial confirmations. President Donald Trump’s election forced the judge into an awkward actuarial battle, an increasingly common phenomenon as judicial appointments become highly politicized. He died on March 29 at 87.
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Reinhardt is but the latest prominent appeals judge Trump will replace. Judges Richard Posner and Alex Kozinski, both leading lights of the federal judiciary, left active service late in 2017. Posner, who served on the Seventh U.S. Circuit Court of Appeals, retired in September 2017 to do charitable work for indigent plaintiffs. Kozinski, a Ninth Circuit judge, retired in December 2017 amid a deluge of sexual misconduct allegations. Both were considered conservatives, but each departed from conservative legal orthodoxy in different ways.